Conditions of Offering. All sales will be subject to delivery by the Company of certificates evidencing the securities.
Conditions of Offering. All sales will be subject to delivery by the Company of certificates evidencing the Units.
Conditions of Offering. All sales will be subject to delivery by the Company of certificates evidencing its $.001 par value Common Stock. The Underwriter shall have full authority to take such action as it deems advisable in respect of all matters pertaining to the offering or arising thereunder. The Underwriter shall incur no liabilities to the Participating Dealer except as may be incurred under the Securities Act of 1933, the Rules and Regulations thereunder, for lack of good faith, or for obligations assumed in this Agreement.
Conditions of Offering. The Offering will be subject to issuance and delivery of the Shares by the Fund in compliance with the Selling Agreement and the Escrow Agreement, and will be subject to the issuance of the approving opinion of counsel for the Fund and to satisfaction or waiver of other conditions set forth in the Selling Agreement. McKenna Securities Company as lead Dealer Manager ("McKenna") will adxxxx xxe Dealer by telefax, telegram, telex or other xxxx xf written communication (a "DEALER NOTICE") of the particular method of consummation of the Offering and any supplementary terms and conditions of the Offering which, to the extent such supplementary terms and conditions are inconsistent with any provision herein, shall supersede any such provision. Unless otherwise indicated in any such Dealer Notice, communications by the Dealer with respect to any Offering should be sent to the McKenna at its address given herein. McKenna reserves the right to rexxxx xxy subscription in whole or in xxxx. The Public Offering price of the Shares shall be as indicated in the following table, and McKenna will disburse the sales commission indicated in the following xxxxx to the Dealer: SHARES PURCHASED PRICE PER SHARE DEALER SALES COMMISSION 100 to 29,999 $10.00 .60 25,000 to 49,999 9.90 .50 50,000 to 74,999 9.80 .40 75,000 to 99,999 9.70 .30 100,000 to 499,999 9.60 .20 500,000 or more 9.20 .00 In connection with any sales of shares hereunder, the Dealer shall tender a Subscription Agreement completed by the Purchaser of such shares, in the Form of Appendix A to the Prospectus and shall tender payment for shares subscribed for thereby, in each case in accordance with the Prospectus and the Escrow Agreement, a copy of which has been furnished or made available to the Dealer. Payment of sales commissions for Shares sold by a Dealer is to be made at the offices of McKenna by certified or official bank checks issued by the Escrow Agexx xxx the account of the Fund in immediately available funds payable as instructed by McKenna in accordance with the terms of this agreement, as amended or xxxxxxmented, for the benefit of the Dealers individually with respect to the amount sold by each Dealer.
Conditions of Offering. All sales will be subject to delivery by the Company of certificates evidencing its Common Stock, or the electronic transfer via DRS and DTC of any Common Stock purchased, at the discretion of the purchaser.
Conditions of Offering. It is understood and agreed that this Agreement is made subject to the following terms and conditions:
Conditions of Offering. All sales will be subject to delivery by the Company or Certificates evidencing the shares. The Company has reserved the right, without notice, to cancel or modify the Offering and to reject any order, in whole or in part.
Conditions of Offering. All sales will be subject to delivery by the Company of certificates evidencing its Units. The Underwriter shall have full authority to take such action as it may deem advisable with respect to all matters pertaining to the public offering of the Units. No Selected Dealer is authorized to act as agent of the Underwriter, or otherwise to act on its behalf, in offering or selling the Units to the public or otherwise or to furnish any information or make any representations except as contained in the Company's current Prospectus.
Conditions of Offering. All sales will be subject to delivery by the Company of certificates evidencing the Shares. The Company shall have full authority to take such action as it deems advisable in respect to matters pertaining to the offering. The Company shall incur no liabilities to the Selected Dealer except as may be incurred under the Securities Act of 1933, as amended, for lack of good faith or for obligations assumed in this Agreement. Nothing contained in this Agreement shall be deemed a guarantee or commitment on the part of the Company that Shares will be available for sale to customers of the Selected Dealer.
Conditions of Offering. Notwithstanding the generality of the foregoing, the Holders will not be entitled to request the Company to file and cause to be effective a Demand Registration Statement unless the proposed size of the Offering that relates to the Demand Notice is equal to or greater than $40,000,000 (based upon the reported trading price of such stock at the time of the Demand Notice) and each Holder furnishes to the Company such information regarding itself, the Registrable Securities held by it, and the intended method of disposition of such securities as shall be reasonably required to effect the registration of its Registrable Securities.
